A friend was married two yrs ago within 60 days of arrival to the US on a K-1 visa. She didn't file her AOS paperwork and is now getting a divorce. Will she still be eligible to do so and receive her permanent green card?
State/Country relating to question: New Jersey
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Thank you for your inquiry. Was your friend physically, emotionally, or psychologically abused by her US citizen husband?
Although she may say so, my observation would be that it appears to be the normal stresses which occur in a Marriage. I would have to say certainly nothing that could be proven for court except she feels that he intentionally delayed in submitting the paperwork.
Thank you for your response. In order for your friend to adjust status in the United States, she would need to file a I-360 self-petition based upon a marriage in which she experienced physical, mental, or psychological abuse from her US citizen husband.
Absent the filing of the I-360 self-petition, your friend would not have an option to adjust status in the United States based upon the current immigratin laws. Further, a subsequent marriage in the future to another US citizen is not a possibility because she initially entered the United States with a K visa which only allows the beneficary to adjust status, remain in the US during processing of her Green Card, based upon a marriage to the same US citizen spouse.
Knowledgeable and Experienced Immigration Lawyer
There was certainly no physical abuse. Personally I think it would be difficult for her to do so but how can she prove any emotional or psychological abuse?Most of the time they appeared very happy together at home and in public. She feels b/c he intentionally did not file her papers that would show as such. I think he didn't do it bc he felt her feelings for him might be questionable and was afraid to do so.
Generally, affidavits are provided from licensed professionals based upon interviews with the person claiming abuse to support the application. There is no set formula for emotional or psychological abuse as persons respond to situations differently. For example, the fact that the person did not file the adjustment of status may have had a detrimental effect on the person. It would probably be a good idea for your friend to consult with an Immigration attorney who can provide a comprehensive review of her case prior to her deciding whether to file the I-360 self petition.
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